There are usually 2 types of claim that can arise out of Employment Law disputes; Wrongful Dismissal and Unfair Dismissal.
Wrongful Dismissal arises when your employer breaks the terms of your contract when terminating your employment therefore there has been an alleged Breach of Contract.
Unfair Dismissal relates to your statutory rights where your employment is terminated for reasons that UK Law deems unjust.
Dismissal can be both unfair and wrongful.
Estimated legal costs depending upon the level of complexity:
Phase 1 – Preparation of the ET1 (Claim Form to the Tribunal)
» £500.00 to £1,000.00 excluding VAT in simple cases
» £1,000.00 to £1,500.00 excluding VAT in medium complexity cases, and
» £1,500.00 to £2,000.00 excluding VAT in complex cases.
Phase 2 – Dealing with the Employer’s ET3 (Response to the claim)
» £200.00 to £375.00 excluding VAT in simple cases.
» £400.00 to £600.00 excluding VAT in medium complexity cases, and
» £700.00 to £1,000.00 excluding VAT in complex cases.
Phase 3 – Preliminary Hearing
This is required in cases involving eligibility to bring a claim, Whistle Blowing matters and/or Discrimination. These are often conducted as Telephone Hearings in order to limit costs.
These costs can range from between £250.00 to £500.00 excluding VAT if done by way of a Telephone Hearing (for all levels of complexity).
If Preliminary Hearings are listed for legal representation and attendance, then the costs can range from;
» £900.00 to £1,000.00 excluding VAT in simple cases.
» £1,000.00 to £1,200.00 excluding VAT in medium complexity cases, and
» £1,200.00 to £1,500.00 excluding VAT in complex cases.
Phase 4 – Complying with Tribunal Directions in preparation for Final Hearing
This will usually require one or more of the following:-
» The production of a Schedule of Loss setting out the level of compensation claimed.
» Providing further details of the claim with supporting law and cases.
» The production of statements.
» The production of documents relevant to the case.
» The preparation of Trial Bundles.
The costs in relation to simple cases range from £600.00 to £1,000.00 excluding VAT.
The costs in relation to medium complexity cases range from £1,000.00 to £2,500.00 excluding VAT.
The costs in relation to high complexity cases range from £1,500.00 to £4,000.00 excluding VAT.
Phase 5 – Tribunal Hearing
Again, this is determined by the level of complexity, but we would estimate costs as follows:-
(a) Simple case (1 day hearing): £1,500.00 excluding VAT
(b) Medium complexity (2 days hearing): £3,000.00 excluding VAT
(c) High complexity case (3 days or more): £2000.00 for the first day excluding VAT
£1,500.00 for each day thereafter excluding VAT
Barrister Fees – Brief fee for 1 day hearing in Employment Tribunal – £2500 (excluding VAT)
Refresher payment for each additional day in Employment Tribunal – £1500 (excluding VAT)
If the hearing lasts longer than above, there will be an additional charge for attending a Tribunal Hearing of approximately £1000-£1500 per day (excluding VAT).
Many employers will have Insurance in place to cover the cost of claims against them and should contact their Insurance Brokers or Insurance providers without delay.
You can insist that the Insurer agrees to you instructing ourselves as your chosen Solicitor.
The costs that the Insurer will pay may not always cover all the cost of our involvement and you may be required to supplement any such arrangement with a private paying business retainer as set out above.
If no Insurance is available, then anticipated legal costs for an employer may be more than those set out above on a private paying basis as there is often an onus upon employers to produce more information in relation to claims. Consequently, for each stage described above we would anticipate that costs would increase by approximately 15% to the amounts quoted.
Timeframes to Resolution
The time it takes from our first meeting with you to the final resolution of your case depends largely on the stage at which your case is resolved. If your case proceeds to a final Tribunal/County Court hearing, then the process is likely to take on average between 27 weeks to 1 year. If your case is resolved earlier then a resolution could be reached within a few months.
IN ALL CASES
The information on costs set out above is based upon averages. If after instructing us information comes to light that either increases or decreases the
complexity, then you would receive a specific revised estimate of likely costs.
If you need any further advice or legal assistance, please contact us in confidence on 020 8367 0505 or email us on firstname.lastname@example.org and one of our solicitors will be able to help you.